The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-09-21
CITATION.
THE STATE OF TEXAS.

| To THE SHERIFF OK HNl CoNsi hnhh VIZ
DALLAS CoUNTY-GREETING:
You are hereby commanded, that by max
ing publication of this citation In some
newspaper. published in the county oil
| Dallas, for four successive weeks. previous
| TO the retu IL day hereof, you summon A.
| N. Carer. Eva May C"rter and N. wheeler
whose residence is unknown, to be ana ap-
pear before the district court, 10 De holueh
| In and for the county of Dallas, at the court
house thereof in the city OF Dallas, on lne
2pd Monday in october next, lncn anu
there to answered. the petition OF Z. w.
| Smith filed in said court, on the fourleenth
day of September, A. D., 1887 against Inc
said A. n. Carter, Eva May Carter ana n
Wheeler and alleging In substance rs TO-
| lows, to-wit: - , =,
That on or about October ind 1871, q. ii.
Smith, the father of pltl, made and entered
into copaI tnershlp " tn WE. Cartern ,ol
the city of Houston, Texas. tor the purpose
of buying and selling .he Wheeler ~ wilson
sew ing machines and among other Things
! IL was stipulated that G. ii, Smith should
nut into the businessSl0 ,000il with when
he fully complied, and that he Smith should
share in the ratio of of the profits OF said
business. PIN further AYERS that IN tne
year 1876 e. ii. Smith departed TINS liie III
Knox county, Tennessee, bequeaiheu ny n,s
last will and testiment all of his interest III
said coparnership to plg, which said VIII
was duly probated and recorded in Knox
county, Tennessee. PHI further AYERS that
the said w. Il. Carter departed this life dur
ing the wear OF 1874 and that before dying
he published his last will and testament
which was probated in Harris county,
Texas, during said year, ana ny said
will he bequeathed to "A. N.
Carter u large amount of property
he was supposed TO own, and TO defendant,
Eva May Cal Ser, certain proper. " now
owned by your petitioner. PlaintI ayers
that the said w. n. Carter was lnsolvcnt ut
the time of his death and the copartncr-
ship was largely involved in debt, and the
said A. N, Cai Ter qualified in que time as
such executor and proceeded to settle up
the business of said copartnership. Plain
tin further AYERS that the fo"ow ing de-
scribed proper, ~ had been during the exist
ence OF said cOpaI tnership transferred to
defendant n. Wheeler, president OF Wheel
or a. Wilson Sewing Machine company. to
secure said company in debt owing to them
by said cOpai tnership by deed OF trust.
That said delendan. has been paid OIL and
discharged. That on or about july II,
1877, plaintiff and defendant, A. N. Carter,
executor as aforesaid, in order to settle up
the business of SAID copal tnership entered
into an agreement, by the terms OF which
IL was agreed that plaiEtif should take in
full satisfaction of his interest said lands,
said defendant, Wheeler, to make to your
pla ntii deed for the right, title and inter-
! est which he held MS trustee to said prop
eiCy. Plaintiff AYERS that he entered into
the possession of said property ut the date
OF said agreement and has occupied and
held same ever since. That the said N.
| Wheeler, though often requested, has Jailed
and refused TO execute u deed Of release TO
said property, and that the other defend-
ants (Carters) are setting up some pretend
ed claim or title to said properly, the nature
and extent of which is not known TO plain
till. Said rroper.y is situated in Dallas
county, Texas, rs follows: Lots and of
the Redfield addition, being in the corpor-
ate limits of the city of Dallas, part of the
John Gligsby league and part OF 1000
acre tract bought by Thos. Field of 7. c.
Jordan, and part OF the tract bought OF
Thos. Field by w. Il. Carter ~ Co. Also
east half of lot No. . in block No. % accord
ing TO the original map of the city Of Dallas.
also that tract of land lying and being situ-
atcd in the northeast angle of intersection
of Portland and Cadiz streets in the Young
and Browder subdivision OF the city OF Dali
las, being a lot fronting on Portland street
and numbered s in Odell's plot of said
tract, beglnnig..at point ON thenortheast side
of Portland street N. 40 w. 10 feet from N.
| T.. angle of intersection of said Portland
and CadiZ .treet. Thence :. ID w. 30 feet;
thence N a. Il. 139 feet; thence s. 40 Il. 30
feet; thence S. 40 w. 130 feet to Of be-
ginning.
Also one lot and building in block l0s
Smith. Martin a. Murphey's addition TO
city of Dallas; conveyed by Thomas Field
TO w. 4. Carter & Co.; recorded in Dallas
County Records, book No. 81 and 49, That
the residence OF defendants Is unknown to
plaintiffs. Prays judgment against Vince
Ter, and other defendants, diyesting
title out of them and vest
ing in plaintiff; that all cloud cast
upon plaintiffs title be removed that he
have a perfect title to said property, for
costs, etc.
Herein fail not, but have you then and
there before said couis this writ, With your
return thereon, showing you have executed
the same.
Witness, IL. w. Jones, clerk Of county
- court OF Dallas county. Given
under my hand and seal of said
LIS court, i'm the city Of Dallas, this
- The nth day Of September, A. ID.
1857.
H. w JONES